BY USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT ELIGIBLE USE THE SERVICES.

Tuskdeals reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms, at any time, by posting changes to this page. Your continued use of the services following the posting of changes means that you accept and agree to all such changes.

PRIVACY POLICY AND ADDITIONAL TERMS

Our Privacy Policy explains how we collect, use and share information, and is hereby incorporated into these Terms.  You agree that your use of the services is governed by our Privacy Policy.

Certain Services may be subject to additional terms, which will be posted with such Services, such as terms governing a referral program.  If you choose to use such Services, you agree that the additional terms apply.

ELIGIBILITY

To use the Services, you must be, and hereby represent that you are, an individual 16 years or older who can form legally binding contracts.   Any use of the Services by anyone under the age of 16 is strictly prohibited.  If you are a minor in your jurisdiction of residence, you must have the consent of your parent or legal guardian to enter the Terms and use the Service.  If you have previously been suspended from the Services you are prohibited from use of the Services. Users must be human; no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of the Service.

OWNERSHIP OF CONTENT

All coupons, offers, data, text, images, logos, photographs, advertisements, graphics, press releases, audio, video, documents, and other information and content available on or through the Services (“Content”), is the property of TuskDeals or its licensors.  The content is protected by copyright, trademark, and/or other intellectual property laws and you acknowledge and agree that we retain all right, title and interest in and to the content.

Except as expressly stated in these terms, you may not sell, transfer, alter, reproduce, distribute, republish, download, display, post, or transmit any content, in whole or in part, by any means.

PROMOTIONS

A.    You agree to comply with the terms and conditions associated with any offers, coupons, coupon codes, and other promotions available on or through the Services.

B.    You may only redeem each coupon once.

C.   If you print coupons using any of our print technologies, you agree that we may install or store certain authentication and print control technologies on your devices. You agree not to interfere with or circumvent such technologies.

D.   You agree to comply with campaign and user limits and only print or activate coupons for your own personal and non-commercial use.

E.    You agree not to sell, barter or transfer any coupon, or any electronic or hard copy of a coupon, to any third party.

PROHIBITED CONDUCT

In addition to the other restrictions explicitly set forth in these Terms, you agree not to:

A.  Use any software, script, code, device, crawler, robot or other means not provided by us to access the Services, any TuskDeals system, or content, including coupons;

B.  Circumvent, disable or otherwise interfere with security-related features on the Services;

C.  Access or use the Services in any manner that may damage, disable, unduly burden, or impair any TuskDeals networks or systems;

D.  Engage in any fraudulent, deceptive or otherwise improper actions when using the Services;

E.   Gain or attempt to gain unauthorized access to any areas of the Services, or any TuskDeals networks or systems, or to interfere or attempt to interfere with any TuskDeals networks or systems;

G.  Interfere or attempt to interfere with Services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Services, spamming, crashing, or otherwise;

H.  Engage in commercial use or distribution of any Services or the Content (including any coupons, offers, rebates, promotions), or copy or create any derivative work of any Services or Content; and

I.  Use of the Services for the benefit of any third party.

USE OF THE SERVICES

Subject to your compliance with these Terms, TuskDeals grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. All rights not expressly granted to you in these Terms are reserved and retained by TuskDeals or its licensors, suppliers, publishers, rights-holders, or other content providers. The licenses granted by TuskDeals herein terminate if you do not comply with these Terms.

USE OF SOFTWARE

Your use of any software provided by TuskDeals  (“Software”) is subject to these Terms and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, “EULA Terms”). In the event that Software is provided on or through the Services or any other authorized digital distribution platform, and is not licensed for your use through any EULA Terms, we hereby grant you a personal, non-sublicensable, non-transferable, revocable-at-will license in the United States to  use the Software, which license is conditioned upon your continuing compliance with these Terms, including all of the following: (a) the Software may be used solely for your personal and noncommercial purposes; (b) you may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code (except to the extent permitted by law notwithstanding this restriction); (c) you may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software, including but not limited to any authentication and print control technologies, or disclose any such method or means to any third party; (d) you may not modify, alter, or create derivative works of the Software; and (e) you may not transfer, sublicense, assign, copy or redistribute any Software. 

SERVICE AVAILABILITY

TuskDeals may change the Services at any time without notice. TuskDeals makes no representation that the Services will be available for use in your location.

FEEDBACK

All feedback, comments and suggestions for improvements to the Services, or new Services (collectively, “Feedback”), that you submit to TuskDeals shall be the sole and exclusive property of TuskDeals  without any compensation or attribution to you.  You hereby irrevocably assign, and agree to irrevocably assign, to TuskDeals all your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret or other proprietary rights therein, and to the extent permitted by law waive any moral rights you may have in such Feedback.  You agree to execute documents and take such further acts as TuskDeals may reasonably request of you to assist TuskDeals  to acquire, perfect, maintain, and assert its intellectual property and other legal rights in the Feedback.

DISCLAIMERS

All Content, including without limitation, any advice, recommendation or opinion, offer or coupon, or information about grocery or other product, service, retailer, recipe, drug, and health is provided on or through the Services for informational purposes only, and should not be construed to indicate that any such Content is endorsed by TuskDeals, nor is there any representation or warranty by TuskDeals that the Content is reliable, accurate, timely, complete, effective, or safe for your use. Always consult your medical professional regarding any health or medical condition and before using any medical product or any over-the-counter drug. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

THE SERVICES AND ALL CONTENT ON OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TUSKDEALS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, TUSKDEALS MAKES NO WARRANTY THAT: (A) THE SERVICES, WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY THIRD PARTY SITE. TUSKDEALS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TUSKDEALS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. TUSKDEALS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE THROUGH THE SERVICES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY MEDICAL, TRADING, INVESTMENT OR OTHER DECISIONS BASED ON SUCH INFORMATION.

IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TUSKDEALS AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SERVICES OR ANY CONTENT PROVIDED ON OR THROUGH THE SERVICES, EVEN IF TUSKDEALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF TUSKDEALS AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OF OR ACCESS TO THE SERVICES FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($50).  IF THE JURISDICTION YOU ARE IN DOES NOT ALLOW FOR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES, THEN SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES.

INDEMNITY

You agree to defend, indemnify and hold TuskDeals and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Services.

TERMINATION

TuskDeals may, without notice to you: (a) disclose information from the Services to any third party, including law enforcement agencies, to protect its rights and property, or the rights and property of its clients, in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any user or third party complaint, or potential violation of its policies; and (c) in its sole discretion and at any time, discontinue providing or limit your access to the Services, or any portion thereof.

ARBITRATION AND CLASS ACTION WAIVER:

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and TuskDeals agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Arbitration and Class Action Waiver section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. 

A.    Initial Dispute Resolution. We are available by email at support@tusk.to to discuss any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

B.    Binding Arbitration Agreement. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 14A above, then either party may initiate binding arbitration.  Unless you have opted out as set forth below, all claims arising out of or relating to these Terms (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Consumer Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision.

The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of filing fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary filing fees directly to AAA.  If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $50,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.

C.   JURY TRIAL WAIVER. The parties understand that, absent this mandatory provision, they would have the right to sue in court. YOU AND TUSKDEALS EACH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and TuskDeals further agree to submit to the personal jurisdiction of any federal or state court in Santa Barbara County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

D.   Class Action Waiver.  The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

E.  30 Day Right to Opt Out.  You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out to the following address:

Virtual World Computing, 5383 Hollister Ave., Suite 120, Santa Barbara, CA 93111

The notice must be sent within thirty (30) days of the date these Terms became effective or your first use of the Services, whichever comes later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, TuskDeals also will not be bound by them.

F.    Exception – Litigation of Intellectual Property and Small Claims Court Claims.  Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

G.   Exclusive Venue for Litigation.  Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party seeking injunctive relief or for enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in the federal district court for the Southern District of California, or, if federal subject matter jurisdiction is lacking, then in the state courts located in Santa Barbara, California. The parties expressly hereby consent to exclusive jurisdiction in the aforesaid courts for any litigation, hereby also consent to personal jurisdiction in said courts for any litigation and waive, for all purposes, their right to challenge the lack of personal jurisdiction said courts over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Services, and (b) any acts or omissions of the Company in connection with these Terms or the Services.

H.   Any claim or cause of action you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

I.       The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. If you reside outside the United States, nothing in these Terms shall, to the extent required by applicable law that cannot be excluded by agreement, affect any rights you may have under existing consumer protection laws, unfair competition laws or other applicable laws of the country in which you reside, including any right you have to bring a claim in the courts of your home country.

J.     Changes to this Section – TuskDeals will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action section by posting on our website, sending you a message, or otherwise notifying you. Amendments will become effective thirty (30) days after they are posted on the website or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence. 

K.    Survival – This Arbitration and Class Action Waiver section shall survive any termination of these Terms, your use of the Services or your account.

COMPLIANCE WITH LAWS

You agree not to use the Services in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the United States or your country of residence.

GENERAL

These Terms and any other electronic policies and guidelines referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an “original” and “in writing” when printed from electronic records established and maintained in the ordinary course of business. If any portion of these Terms is held invalid, you agree that such invalidity will not affect the validity of the remaining portions of these Terms. No waiver by TuskDeals of any breach or default of these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. These Terms represent the complete agreement between TuskDeals and you regarding the subject matter set forth herein and supersedes all prior agreements and representations between TuskDeals and you.

COPYRIGHT & TRADEMARK INFRINGEMENT REPORTING PROCEDURES

TuskDeals will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act and allegations of trademark infringement in accordance with our trademark policy. 

CONTACT INFORMATION

If you have any questions regarding these Terms, please contact us:

Virtual World Computing, 5383 Hollister Ave., Suite 120, Santa Barbara, CA 93111

Or via email at: support@tusk.to